¶1The rule to plead was irregularly entered ; because, until the writ be returned, bail filed, or an appearance en= tered, there is no basis for a proceeding, and the court has no cognizance of the cause, so as to authorize pleadings. With respect to their being no merits, we never regard that, when the application is for irregularity.
3 Cai. Cas. 96
Howell v. Denniston
Decided May 15, 1805
New York Supreme Court · decided 1805-05-15
THE plaintiff in this cause filed his declaration de bene cssc,. anci entered his rule to plead on the return day of the writ on . . . which the defendant was taken, but the writ was not jn fact re-tuvner] till seven days afterwards. 1 on these grounds moved to set aside the default and all subsequent proceedings. He argued, 'that to entitle the plaintiff to take default, he must himself be regular, and within the rules of practice.
Decided 1805-05-15